Pub Date : 2022-07-19DOI: 10.25041/fiatjustisia.v16no2.2332
Rika Destiny Sinaga, Joni Emirzon, M. Syaifuddin
Mediation has a confidentiality principle as an advantage that should be able to safeguard the reputation of the disputing parties. Still, mediation arrangements in district courts are influenced by the principle of open trial to the public, causing problems, which are; how is the confidentiality principle-based mediation arrangement in district courts in providing protection for the reputation of the party in the dispute and how efforts to reform mediation arrangements in court to realize the confidentiality principle in settlement of civil cases in district courts which is oriented towards legal protection of the reputation of the litigant by using normative legal research that uses primary, secondary and tertiary legal materials collected by document study and then analyzed using descriptive, comparative, evaluative and argumentative techniques. The conclusion is that the mediation procedure in court is regulated by the Supreme Court Regulation Number 02 of 2003 then replaced by the Supreme Court Regulation Number 01 of 2008. Finally, the Supreme Court Regulation Number 1 of 2016 has regulated the principle of confidentiality but has not fully regulated the principle of confidentiality so that efforts are needed. Regulations on mediation experience law unification and reformation of the civil procedural law. The House of Representatives and the government form a special law to regulate mediation to become the legal basis for laws and regulations that use mediation.
{"title":"Mediation Regulation Re-Arrangement’s Efforts At The State Court Based On Confidential Principles As The Parties’ Protection","authors":"Rika Destiny Sinaga, Joni Emirzon, M. Syaifuddin","doi":"10.25041/fiatjustisia.v16no2.2332","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v16no2.2332","url":null,"abstract":"Mediation has a confidentiality principle as an advantage that should be able to safeguard the reputation of the disputing parties. Still, mediation arrangements in district courts are influenced by the principle of open trial to the public, causing problems, which are; how is the confidentiality principle-based mediation arrangement in district courts in providing protection for the reputation of the party in the dispute and how efforts to reform mediation arrangements in court to realize the confidentiality principle in settlement of civil cases in district courts which is oriented towards legal protection of the reputation of the litigant by using normative legal research that uses primary, secondary and tertiary legal materials collected by document study and then analyzed using descriptive, comparative, evaluative and argumentative techniques. The conclusion is that the mediation procedure in court is regulated by the Supreme Court Regulation Number 02 of 2003 then replaced by the Supreme Court Regulation Number 01 of 2008. Finally, the Supreme Court Regulation Number 1 of 2016 has regulated the principle of confidentiality but has not fully regulated the principle of confidentiality so that efforts are needed. Regulations on mediation experience law unification and reformation of the civil procedural law. The House of Representatives and the government form a special law to regulate mediation to become the legal basis for laws and regulations that use mediation.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"158 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127376211","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-19DOI: 10.25041/fiatjustisia.v16no2.2645
Palmawati Taher, Dwi Andayani Bs, Muhammad Rizqi Fadhlillah
State Financial Auditing Board, also known as the BPK, whose job is to look into the management and responsibility of state finances, shared the same principle with Mazhalim Region, an institution in Islamic state administration that looks into cases involving state property. In Islam, laws are typically made to safeguard wealth from those who are overly ambitious or greedy for things that a Muslim would consider to be enough to satisfy their needs. The principle is crystallized in Muslim life: Amar ma'ruf nahi mungkar became the leading guide in achieving a better life. The position of the BPK in the Indonesian and Mazhalim Region in Islamic State administration systems concerning accelerating sustainable development is attracting considerable interest in this paper to see the supervision of the BPK's task from an Islamic perspective. Since the law is conceptualized as a social norm or rule that governs everyone's behavior, it is the primary focus of this study. Thus, compiling positive law, principles, doctrines of law, legal discovery in concreto cases, systematic law, synchronization levels, legal comparisons, and legal history are concerns of normative legal research.
{"title":"Audit Board Of Indonesia’s Supervision Duty Reviewed From Islamic Law Perspective For Acceleration Of Sustainable Development","authors":"Palmawati Taher, Dwi Andayani Bs, Muhammad Rizqi Fadhlillah","doi":"10.25041/fiatjustisia.v16no2.2645","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v16no2.2645","url":null,"abstract":"State Financial Auditing Board, also known as the BPK, whose job is to look into the management and responsibility of state finances, shared the same principle with Mazhalim Region, an institution in Islamic state administration that looks into cases involving state property. In Islam, laws are typically made to safeguard wealth from those who are overly ambitious or greedy for things that a Muslim would consider to be enough to satisfy their needs. The principle is crystallized in Muslim life: Amar ma'ruf nahi mungkar became the leading guide in achieving a better life. The position of the BPK in the Indonesian and Mazhalim Region in Islamic State administration systems concerning accelerating sustainable development is attracting considerable interest in this paper to see the supervision of the BPK's task from an Islamic perspective. Since the law is conceptualized as a social norm or rule that governs everyone's behavior, it is the primary focus of this study. Thus, compiling positive law, principles, doctrines of law, legal discovery in concreto cases, systematic law, synchronization levels, legal comparisons, and legal history are concerns of normative legal research.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133533615","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-17DOI: 10.25041/fiatjustisia.v16no2.2519
Wahyu Sasongko, H. Hamzah, Harsa Wahyu Ramadhan, Ricco Andreas
The Indonesian nation is heterogeneous because it has various ethnic groups, languages, and customs. This situation indicates that a potential social conflict might occur. In managing potential social conflict, Law No. 7 of 2012 was enacted. This law regulates the resolution of social conflicts through the mechanism of traditional institutions. This research uses a legal concept approach, namely the concept of Lampung adat law, to overcome social conflict. The findings are: First, Law No. 7 of 2012 has not regulated social conflicts settlement specifically in procedural aspect and give a chance to a traditional institution to take its role. Second, Lampung adat law can systematically settle the social conflict through the internalized value of Piil Pesenggiri, which functions as a moral order to Lampung people and heavily relies on the joint meeting of perwatin adat to hold rembuk pekon. This research recommends that social conflicts settlement regulation considers including the Lampung adat law principle into national law. The Lampung local government should manage incoming social conflict based on the traditional institution to provide open space for Lampung adat law in carrying out its role.
{"title":"Model of Social Conflict Settlement According to Lampung Adat Law","authors":"Wahyu Sasongko, H. Hamzah, Harsa Wahyu Ramadhan, Ricco Andreas","doi":"10.25041/fiatjustisia.v16no2.2519","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v16no2.2519","url":null,"abstract":"The Indonesian nation is heterogeneous because it has various ethnic groups, languages, and customs. This situation indicates that a potential social conflict might occur. In managing potential social conflict, Law No. 7 of 2012 was enacted. This law regulates the resolution of social conflicts through the mechanism of traditional institutions. This research uses a legal concept approach, namely the concept of Lampung adat law, to overcome social conflict. The findings are: First, Law No. 7 of 2012 has not regulated social conflicts settlement specifically in procedural aspect and give a chance to a traditional institution to take its role. Second, Lampung adat law can systematically settle the social conflict through the internalized value of Piil Pesenggiri, which functions as a moral order to Lampung people and heavily relies on the joint meeting of perwatin adat to hold rembuk pekon. This research recommends that social conflicts settlement regulation considers including the Lampung adat law principle into national law. The Lampung local government should manage incoming social conflict based on the traditional institution to provide open space for Lampung adat law in carrying out its role.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123498801","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-07DOI: 10.25041/fiatjustisia.v16no1.2419
Nge Nge Aung
The Federal Constitutional Court of Germany leads the judiciary’s independence by protecting human rights within the Basic Law’s legal framework. In this case, the jurisdiction of the Court is essential to analyse comprehensively. The first and foremost function is interpretation. It is concerned with the extent of a supreme federal authority’s rights and duties and the citizens who can enjoy the fundamental rights under the Basic Law. The rest are abstract judicial review, constitutional complaint, and concrete judicial review. These all seem to depend on the Court’s interpretation and the supremacy of human dignity. Therefore, the issues lie when human dignity becomes a constitutional principle to resolve economic, social, and political disputes within the constitutional framework both in Germany and the European Union in practice. This research will used qualitative approach method. According to the literature reviews, human dignity is supreme, but it does not mean absolute.
{"title":"The Basis of Constitutional Adjudication in Germany","authors":"Nge Nge Aung","doi":"10.25041/fiatjustisia.v16no1.2419","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v16no1.2419","url":null,"abstract":"The Federal Constitutional Court of Germany leads the judiciary’s independence by protecting human rights within the Basic Law’s legal framework. In this case, the jurisdiction of the Court is essential to analyse comprehensively. The first and foremost function is interpretation. It is concerned with the extent of a supreme federal authority’s rights and duties and the citizens who can enjoy the fundamental rights under the Basic Law. The rest are abstract judicial review, constitutional complaint, and concrete judicial review. These all seem to depend on the Court’s interpretation and the supremacy of human dignity. Therefore, the issues lie when human dignity becomes a constitutional principle to resolve economic, social, and political disputes within the constitutional framework both in Germany and the European Union in practice. This research will used qualitative approach method. According to the literature reviews, human dignity is supreme, but it does not mean absolute.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114965802","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-07DOI: 10.25041/fiatjustisia.v16no1.2140
Sholahuddin Al-Fatih, Ahmad Siboy
The moral paradigm in establishing legal norms about parliamentary thresholds in legislative elections is studied through historical, conceptual, and statutory approaches. Figures' perspectives on the moral paradigm and nature's laws are an analysis benchmark. This research is a legal analysis with a conceptual approach. The main objective of this research was to analyse the moral paradigm in the formation of laws regarding parliamentary thresholds in Indonesian elections. According to this research, the establishment and implementation of parliamentary threshold legal norms cannot meet the main legal objectives, namely justice, because parliamentary thresholds are designed to limit political parties' eligibility for parliament in subsequent elections. Therefore, the government canceled the application of the parliamentary threshold through lawmakers and the Constitutional Court in the next election.
{"title":"Moral Paradigm in the Establishment of Regulation on Parliamentary Thresholds: An Indonesian Implementation","authors":"Sholahuddin Al-Fatih, Ahmad Siboy","doi":"10.25041/fiatjustisia.v16no1.2140","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v16no1.2140","url":null,"abstract":"The moral paradigm in establishing legal norms about parliamentary thresholds in legislative elections is studied through historical, conceptual, and statutory approaches. Figures' perspectives on the moral paradigm and nature's laws are an analysis benchmark. This research is a legal analysis with a conceptual approach. The main objective of this research was to analyse the moral paradigm in the formation of laws regarding parliamentary thresholds in Indonesian elections. According to this research, the establishment and implementation of parliamentary threshold legal norms cannot meet the main legal objectives, namely justice, because parliamentary thresholds are designed to limit political parties' eligibility for parliament in subsequent elections. Therefore, the government canceled the application of the parliamentary threshold through lawmakers and the Constitutional Court in the next election.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132894507","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-07DOI: 10.25041/fiatjustisia.v16no1.2431
Zainal Arifin Mochtar
The types and hierarchies of laws and regulations are constantly changing. Law Number 12 of 2011, as amended by Law Number 15 of 2019, leads to several problems. This research aims to analyse Indonesia's laws and regulations regarding their types and material contents. This is normative legal research employing statutory, historical, and conceptual approaches. The findings of this study are as follows. First, TAP MPR should not be classified into laws and regulations as stipulated by Law Number 12 of 2011, as MPR can no longer issue any regulations after the amendment of the 1945 Constitution. Another problem lies in the absence of review if laws and regulations deviate from TAP MPR. Second, it is essential to restrict Perppu, particularly when issuing it. The President can issue Perppu at will, for there is no definition of compelling exigencies. It should merely be issued during the recess periods of DPR. Third, there is no difference between Government Regulations and Presidential Government content. Fourth, other regulations, especially Permen, prove problematic due to the silo mentality, so that they conflict with each other and even overlap higher regulations
{"title":"A Notion of Regulatory Reform","authors":"Zainal Arifin Mochtar","doi":"10.25041/fiatjustisia.v16no1.2431","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v16no1.2431","url":null,"abstract":"The types and hierarchies of laws and regulations are constantly changing. Law Number 12 of 2011, as amended by Law Number 15 of 2019, leads to several problems. This research aims to analyse Indonesia's laws and regulations regarding their types and material contents. This is normative legal research employing statutory, historical, and conceptual approaches. The findings of this study are as follows. First, TAP MPR should not be classified into laws and regulations as stipulated by Law Number 12 of 2011, as MPR can no longer issue any regulations after the amendment of the 1945 Constitution. Another problem lies in the absence of review if laws and regulations deviate from TAP MPR. Second, it is essential to restrict Perppu, particularly when issuing it. The President can issue Perppu at will, for there is no definition of compelling exigencies. It should merely be issued during the recess periods of DPR. Third, there is no difference between Government Regulations and Presidential Government content. Fourth, other regulations, especially Permen, prove problematic due to the silo mentality, so that they conflict with each other and even overlap higher regulations","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126206236","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-07DOI: 10.25041/fiatjustisia.v16no1.2271
Dewi Fortuna Limurti
Income tax for land and buildings purchase in Indonesia is regulated in Law Number 36 of 2008 regarding Income tax. This law stipulates that one of the tax object’s profits comes from land and building sale-purchase. The research would emphasise that income tax comes from other profits instead of transactions or gross prices. This research uses a normative juridical method. “Profits” has an important note in Income Tax’s calculation in the land and building sale-purchase process. Income taxes are collected by calculating the transfer value’s gross amount rather than profits. This calculation violates the Income-tax Law and is highly burdensome for taxpayers. Therefore, it tarnishes the sense of justice in such tax collection and disharmony between the law and its implementation.
{"title":"Justice in the Income Tax Collection on Sale-Purchase","authors":"Dewi Fortuna Limurti","doi":"10.25041/fiatjustisia.v16no1.2271","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v16no1.2271","url":null,"abstract":"Income tax for land and buildings purchase in Indonesia is regulated in Law Number 36 of 2008 regarding Income tax. This law stipulates that one of the tax object’s profits comes from land and building sale-purchase. The research would emphasise that income tax comes from other profits instead of transactions or gross prices. This research uses a normative juridical method. “Profits” has an important note in Income Tax’s calculation in the land and building sale-purchase process. Income taxes are collected by calculating the transfer value’s gross amount rather than profits. This calculation violates the Income-tax Law and is highly burdensome for taxpayers. Therefore, it tarnishes the sense of justice in such tax collection and disharmony between the law and its implementation.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129825746","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-30DOI: 10.25041/fiatjustisia.v15no4.2276
M. Mahfud, Rizanizarli Rizanizarli
Even though Law Number 23 of 2004 concerning on the Elimination of Domestic Violence was promulgated fifteen years ago, the number of domestic violence against women has not significantly decreased. The Law has not set concrete actions that may fall under the domestic violence that can be punished, particularly in terms of sexual abuse psychological violence, and negligence in household towards women. This research aims to analyze domestic violence against women in this Law and the conducts that are considered to be domestic violence which is commonly found in daily life in Indonesia. A purely qualitative research method encompassing document analysis of key documents in Indonesia and the Anti-Domestic Violence Law 2004 is adopted in this paper. The research reveals that This Law is particularly protecting women from household violence in Indonesia. The law has recognized physical violence, sexual violence, psychological violence, and negligence as sorts of domestic violence against women in household although it might find difficult to enforce the law when dealing with marital rape regarding lack of reports from victims and polygamy concerning circumstances that can be used to criminalize the perpetrators.
{"title":"Domestic Violence against Women in Indonesia: The Recent Domestic Violence Elimination Law Analysis","authors":"M. Mahfud, Rizanizarli Rizanizarli","doi":"10.25041/fiatjustisia.v15no4.2276","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v15no4.2276","url":null,"abstract":"Even though Law Number 23 of 2004 concerning on the Elimination of Domestic Violence was promulgated fifteen years ago, the number of domestic violence against women has not significantly decreased. The Law has not set concrete actions that may fall under the domestic violence that can be punished, particularly in terms of sexual abuse psychological violence, and negligence in household towards women. This research aims to analyze domestic violence against women in this Law and the conducts that are considered to be domestic violence which is commonly found in daily life in Indonesia. A purely qualitative research method encompassing document analysis of key documents in Indonesia and the Anti-Domestic Violence Law 2004 is adopted in this paper. The research reveals that This Law is particularly protecting women from household violence in Indonesia. The law has recognized physical violence, sexual violence, psychological violence, and negligence as sorts of domestic violence against women in household although it might find difficult to enforce the law when dealing with marital rape regarding lack of reports from victims and polygamy concerning circumstances that can be used to criminalize the perpetrators.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"165 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121063452","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-30DOI: 10.25041/fiatjustisia.v15no4.2245
Mirnawanti Wahab, Rizki Ramadani
This article aims to explain the patterns of corruption in the environmental sector (environmental corruption) and the possibility for Independent agencies to address them. Also, to initiate a better policy and supervision against environmental corruption in Indonesia. The research was carried out based on the normative legal method (library research) towards secondary data using a statutory, conceptual, and comparative approach. The results show that the main pattern of environmental corruption involves corrupt actors in bureaucratic institutions that cause weak environmental policies and supervision. The benefit of Independent Agencies with structural and personnel independence is expected to fill the gap in the old bureaucratic management and reduce corruption. The regulatory power of such agencies can also set more stringent environmental policy and supervision. Thus, there needs to be institutional reform in the environmental authorities for future policies by establishing an independent agency. The new agency must also have the power to formulate and enact policies in environmental management and give them authority to investigate and impose sanctions. We also recommend compiling a national strategic program in the form of work synergy between independent agencies in the environmental and anti-corruption sector.
{"title":"Environmental Corruption Prevention Policies Through Independent Agencies","authors":"Mirnawanti Wahab, Rizki Ramadani","doi":"10.25041/fiatjustisia.v15no4.2245","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v15no4.2245","url":null,"abstract":"This article aims to explain the patterns of corruption in the environmental sector (environmental corruption) and the possibility for Independent agencies to address them. Also, to initiate a better policy and supervision against environmental corruption in Indonesia. The research was carried out based on the normative legal method (library research) towards secondary data using a statutory, conceptual, and comparative approach. The results show that the main pattern of environmental corruption involves corrupt actors in bureaucratic institutions that cause weak environmental policies and supervision. The benefit of Independent Agencies with structural and personnel independence is expected to fill the gap in the old bureaucratic management and reduce corruption. The regulatory power of such agencies can also set more stringent environmental policy and supervision. Thus, there needs to be institutional reform in the environmental authorities for future policies by establishing an independent agency. The new agency must also have the power to formulate and enact policies in environmental management and give them authority to investigate and impose sanctions. We also recommend compiling a national strategic program in the form of work synergy between independent agencies in the environmental and anti-corruption sector.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128592165","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-30DOI: 10.25041/fiatjustisia.v15no4.2314
Bayu Dwi Anggono, F. Firdaus
The responsibility to handle the Covid-19 Pandemic is not only carried out by the President as the highest leader of the government, but also the House of Representatives which holds the legislative branch of power, so far the public has questioned the seriousness of Parliament in handle the Pandemic, through its functions should be able to assist and especially to monitoring policy government to work together to handle this pandemic and as an effort to prevent potential abuse of power. The writing of this article uses the Juridical Normative method which will produce recommendations on how the House of Representatives should optimize its function during the Covid-19 Pandemic.
{"title":"The House of Representatives’ Role in Guarding Government Policies to Resolve the Covid-19 Pandemic According to the 1945 Constitution","authors":"Bayu Dwi Anggono, F. Firdaus","doi":"10.25041/fiatjustisia.v15no4.2314","DOIUrl":"https://doi.org/10.25041/fiatjustisia.v15no4.2314","url":null,"abstract":"The responsibility to handle the Covid-19 Pandemic is not only carried out by the President as the highest leader of the government, but also the House of Representatives which holds the legislative branch of power, so far the public has questioned the seriousness of Parliament in handle the Pandemic, through its functions should be able to assist and especially to monitoring policy government to work together to handle this pandemic and as an effort to prevent potential abuse of power. The writing of this article uses the Juridical Normative method which will produce recommendations on how the House of Representatives should optimize its function during the Covid-19 Pandemic.","PeriodicalId":149215,"journal":{"name":"Fiat Justisia: Jurnal Ilmu Hukum","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115331733","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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